Grammarly faces class action lawsuit as journalist challenges identity-stealing AI feature

Reviewed byNidhi Govil

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Award-winning journalist Julia Angwin filed a class action lawsuit against Grammarly over its Expert Review tool, which used names and identities of hundreds of writers without consent to generate AI feedback. Superhuman, Grammarly's parent company, disabled the feature amid significant backlash, acknowledging it missed the mark on giving experts control over their representation.

Journalist Files Class Action Against Grammarly Over Expert Review

Julia Angwin, an award-winning investigative journalist who founded The Markup, filed a federal class action lawsuit against Grammarly on Wednesday in the Southern District of New York, challenging the company's misappropriated names and identities of hundreds of journalists, authors, writers, and editors through its Expert Review AI feature

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. The complaint argues that damages across the plaintiff class exceed $5 million, though it does not call for a specific amount

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Source: The Verge

Source: The Verge

Angwin discovered her identity was being used without consent after learning from Casey Newton, another expert featured in the tool

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. The lawsuit alleges that Superhuman, Grammarly's parent company, violated publicity rights by breaking laws against unauthorized use of names for commercial purposes without consent

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. Her attorney Peter Romer-Friedman stated that longstanding laws in New York and California clearly prohibit such commercial use of a person's name and likeness without their permission

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How the Identity-Stealing AI Feature Operated

The Expert Review tool, launched in August by Superhuman CEO Shishir Mehrotra, offered users generative-AI feedback credited to real writers, both living and deceased

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. The AI feature listed real academics and authors available to weigh in on user text, including Stephen King, Neil deGrasse Tyson, deceased editor William Zinsser, and astronomer Carl Sagan

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Source: The Verge

Source: The Verge

These AI agents leveraged an underlying large language model to produce writing suggestions inspired by influential voices, drawing on publicly available information from third-party LLMs

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. While a disclaimer clarified that none of the people cited had endorsed or directly participated in developing this tool, various writers expressed frustration over Grammarly invoking their likenesses and apparently regurgitating their life's work

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. The suggested experts depended on the substance of the writing being evaluated, whether a marketing brief or student project

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Superhuman Disables Feature Amid Backlash

Shortly before the lawsuit was filed, Superhuman announced it would disable Expert Review as it reimagines the feature to give experts real control over how they want to be represented, or not represented at all

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. Ailian Gan, Superhuman's Director of Product Management, Agents, acknowledged that the company clearly missed the mark based on feedback received

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Mehrotra apologized in a LinkedIn post, stating the company received valid critical feedback from experts concerned that the agent misrepresented their voices

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. The discontinued feature had initially prompted Superhuman to launch an opt-out option earlier in the week, allowing writers and academics to request removal from the platform

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. However, this approach proved inadequate for addressing ethical concerns, particularly for deceased individuals and those unaware their identities were being used

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Source: Gizmodo

Source: Gizmodo

Legal and Ethical Implications for AI Development

The lawsuit highlights growing concerns about how AI companies clone experts without permission and use their writing styles without consent. Romer-Friedman emphasized that professionals who spend years or decades honing skills see their names and expertise appropriated by others without authorization

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. The complaint states that contrary to the apparent belief of some tech companies, it is unlawful to appropriate people's names and identities for commercial purposes, whether those people are famous or not

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The legality of content-harvesting for training these AI agents remains murky at best and is the subject of many copyright infringement lawsuits

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. Vanessa Heggie, an associate professor at the University of Birmingham, accused Superhuman of creating little LLMs based on scraped work of the living and dead alike, trading on their names and reputations

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. The case raises questions about misrepresentation and whether companies can attribute words to individuals they never uttered and advice they never gave

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Mehrotra envisions a future where experts choose to participate, shape how their knowledge is represented, and control their business model, allowing them to build ubiquitous bonds with users similar to Grammarly

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. Whether this vision can be realized while respecting publicity rights and obtaining proper consent remains to be seen as the legal proceedings unfold.

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